Category Archives: Fiqh

It is a monthly bleeding to which all healthy women are subjected during their child bearing years. Its duration is according to the norm for each individual woman ranging from 1-15 days (according to fuqaha).

“Menstruation (al-hayd): Allaah has attached numerous rulings to it in the Qur’aan and Sunnah, but He did not state the shortest or longest length (of a menstrual period), or the length of the period of tahaarah between two menstrual periods, even though the need to know that exists.”

As a young lady first getting your menses you should observe your own blood flow, duration, frequency and pattern, body pain and so forth. The menses will be your normal flow with slight hiccup now and then. However as you aged, the pattern will change.

“Why does a woman who menstruates have to make up the fasts but not the prayers?” She said: “Are you a Haroori?” I said: “I am not a Haroori, but I am asking.” She said: “That used to happen to us and we were commanded to make up the fasts but we were not commanded to make up the prayers.”
Al-Nawawi (may Allaah have mercy on him) said:This ruling is agreed upon. The Muslims are unanimously agreed that menstruating women and women who bleed following childbirth are not obliged to pray or fast at that time, and they are agreed that they do not have to make up the prayers, and they are agreed that they have to make up the fasts. The scholars said: the difference between them is that the prayers are many and repeated, and it would be too difficult to make them up, unlike the fast which is enjoined only once in the year, and a woman’s period may last only one or two days.

2. Sexual intercourse.

Allah says in Surah Baqarah 2: 222

They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they are purified (from menses and have taken a bath). And when they have purified themselves, then go in unto them as Allâh has ordained for you (go in unto them in any manner as long as it is in their vagina). Truly, Allâh loves those who turn unto Him in repentance and loves those who purify themselves (by taking a bath and cleaning and washing thoroughly their private parts, bodies, for their prayers). (222)

If one does sexual intercourse during the woman’s menses

1. Both of them must make repentance

2. Even though there are difference of opinion on this, they must make an expiation.

Ibn Abbas said that which states the the Prophet sallallahu alaihi wasalam said regarding the one who has sexual intercourse with his wife during her menses: “He should give a dinar or half dinar as charity” (Abu Dawood, Nasaai and Ibn Majah)

Tayammum : Dry wudhu’ or ghusl that replaces wudhu’ and ghusl in the absence of water.

It is a symbolic ablution to obtain purification when water is not available.

The Story Behind It

Al-Bukhari recorded that `A’ishah said, “We set out with Allah’s Messenger on one of his journeys until we reached Al-Bayda’ or Dhat-ul-Jaysh, where a necklace of mine was broken (and lost). Allah’s Messenger stayed there to search for it, and so did the people along with him. There was no water source or any water with them at that place, so the people went to Abu Bakr As-Siddiq and said, `Don’t you see what `A’ishah has done! She has made Allah’s Messenger and the people stay where there is no source of water and they have no water with them.’ Abu Bakr came while Allah’s Messenger was sleeping with his head on my thigh. He said to me, `You have detained Allah’s Messenger and the people where there is no source of water and they have no water with them.’ So he admonished me and said what Allah wished him to say and hit me on my flank with his hand. Nothing prevented me from moving (because of pain) but the position of Allah’s Messenger on my thigh. Allah’s Messenger got up when dawn broke and there was no water. So Allah revealed the verses of Tayammum, and they all performed Tayammum. Usayd bin Hudayr said, `O the family of Abu Bakr! This is not the first blessing of yours.’ Then the camel on which I was riding was moved from its place and the necklace was found beneath it.” Al-Bukhari and Muslim recorded this Hadith.

The verse that was sent down concerning tayammum

An Nisa’ 4: 43.

and if You are ill, or on a journey, or one of You comes after answering the call of nature, or You have been In contact with women (by sexual relations) and You find no water, perform Tayammum with clean earth and rub therewith Your faces and hands (Tayammum) . Truly, Allâh is ever Oft­Pardoning, Oft­Forgiving.

There are many hadith concerning tayammum. This is one of them

Prophet Muhammad sallallahu alaihi salam said,

“Pure earth is for for purification for a Muslim even if he does not find water for ten years.” (Authentic hadeeth reported by an Nasaa’ee and Ibn Hibbaan)

When Does Tayammum Become Lawful

Basically one can perform tayammum when
i. There is no access of water
ii. When one is ill and is not able to use water.

Some possible cases of no water that allows one to perform tayammum
i. When there is no water after one searches for it.
– This include if you have water that is only enough for drinking.
– Example : Bad drought in Somalia.

ii. When there is danger to access water.
– In this case there is water but it may be dangerous for one to take the water.
– For example water dam or river is controlled by enemies.

iii. You are unable to get water even when there is water.
– For example one who is sick and not able to move much and no one to bring water to them.

Some possible cases of one who is ill and not able to use water
i. Water will hurt the sick person
– For example being severely burned on their wudhu’ organs.
ii. Severely cold weather and no access of hot water.
– This is especially more for ghusl.

For sick person
– If you break your arm and have a cast on it.
o Take wudhu’ as you normally would on the other part of the wudhu’ limbs.
o Just wipe over the cast as per the wudhu’ ritual.
o Same as ghusl, take bath over other areas and just wipe over the cast area.

– If you have burn only on your arm and you can move. And the burn area is not covered nor can it be wiped over.
o Take wudhu’ as you normally move on the other part of the wudhu’ limbs.
o Complete your wudhu’ by making a tayammum.

– If it is not possible for you to move much because of severe sickness, tayammum will be sufficient for you Insya Allah.

What Acts Can We Do With Tayammum

We use tayammum instead of ghusl and wudhu’in the condition that we cannot have access to water. So just as wudhu’ , with tayammum you can
– Solah, make tawaf, touch quran.
And using tayammum for ghusl allows you to
– Solah, hajj and umrah, sit in the masjid, touch quran.

a. If someone performs a tayammum and then prayed and after that they find water, the solah is valid. He needs to take proper wudhu’ for the next prayer even though he did not invalidate his tayammum though.

b. If someone performs tayammum and has not prayed and then he found water – the tayammum becomes invalid and he needs to take wudhu’.

c. If someone performs tayammum and is praying and water was found (Rain for example), his tayammum is invalid and he needs to stop solah and take wudhu’ with water.

iii. When one is healed from his sickness and can use water for his wudhu’ or ghusl.

How to Perform Tayammum
i. Make niyah that you want to perform tayammum. In the heart.
ii. Say Bismillah
iii. Strike the clean earth gently with the palms of your hand. If there is excess dust, blow it from your palms.
iv. Pass the palms on your face once.
v. Then wipe the left hand on the back of the right hand up to the wrists once.
vi. Then wipe the right hand on the back of the left hand once.

Clean Earth

Al Maidah 5: 6.

O You who believe! when You intend to offer As-Salât (the prayer), wash Your faces and Your hands (forearms) up to the elbows, rub (by passing wet hands over) Your heads, and (wash) Your feet up to ankles . if You are In a state of Janâba (i.e. had a sexual discharge), purify yourself (bathe Your whole body). but if You are ill or on a journey or any of You comes from answering the call of nature, or You have been In contact with women (i.e. sexual intercourse) and You find no water, Then perform Tayammum with clean earth and rub therewith Your faces and hands. Allâh does not want to place You In difficulty, but He wants to purify you, and to complete his Favour on You that You may be thankful.

The word for earth in this verse is – sa’eed. It means the surface of the earth.
So anything on the surface on earth is permissible to be used for tayammum.
For example
– Ground
– Sand
– Rock
– Pebbles
Also one can do tayammum on anything made of clay or mud and is not painted or has wood on it. For example
– Claypot.
– Claybrick wall
– Marble tile.
If they are painted, tayammum is not valid unless you are sure there is dust on it.
So what should you do?
Suggestions
– You can get pieces of marble tiles and make tayammum on it.
– Have some dirt in container.

Matters that require one to take ghusl is when they had the following incident i. Mani – sticky liquid that comes out from our private part particularly when we think of the opposite sex. ii. Sexual intercourse. (State of janabah) iii. After menstruation. iv. Post-child bleeding.

What you are not allowed to do when you are in this state i. Solah ii. Hajj iii. Fast (Sawm) iv. Read the Quran (Khilaf for during menses) v. Touch the quran vi. Sit in the masjid (you can pass through) To be in the state of purity you must clean yourself after, by making Ghusl (Mandi wajib).

Pillars of Ghusl i. Intention – From the hadith of Prophet Muhammad sallallahu alaihi wasalam, “Verily deeds are purely according to attention.” – Say the intention in your heart.

ii. Washing all the body parts – How do we know how to perform ghusl? By the teaching of Prophet Muhammad sallallahu alaihi wasalam. Let’s look at the hadith by Aisyah radiallahu anhu

She said, “When Allah’s messenger sallallahu alaihi wasalam made ghusl from janabah, he used to begin by washing hands, then he would pour water from his right hand to his left hand and wash his private parts, make the ablution of prayer, take some water and put his finger to the roots of his hair, until he could see that the skin was wet, then he would pour water over his head three times and then over the rest of his body. Then he would wash his feet.

Summary • Wash hands • Pour water from the right hand to the left hand to wash the private part. Or por water from your shower hose and clean your private part with your left hand. • Take wudhu’ (ablution) • Take some water and wash the root of your hair until the skin is wet. • Wash the head three times • Wash the rest over the body • Wash the feet.

Other actions that is mustahab (sunat) to perform ghusl i. After losing consciousness ii. After burying a kaafir iii. On the day of two Eeds (Al Fitr and Adha) iv. On the Day of Arafah v. Friday vi. After washing corpse vii. For Hajj and Umrah

Do you know that, we can wipe over our socks, if we are wearing them to take wudhu’. Subhanallah, this knowledge alone help us practice our deen easily.

Imam an nawawi rahimullah said, in his explanation of saheeh Muslim, “All those qualified for ijma’ agree that it is allowed to wipe over the socks wether on a journey or at home, wether due to some need or not. It is even permissible for the woman who stays in her house or the handicapped person who cannot walk. It is rejected by none except the Shiites and the Khawarij, but their rejection is invalid.”

Condition for its acceptance

1. That the socks are worn when the wudhu’ is valid.

One must be in the state of purity (using water and not tayammum) before putting on the khuf. This is based on the hadith narrated by Al Mughirah bin Shu’bah said,

“I was in an expedition with Prophet Muhammad sallalhu alaihi wasalam. I poured water and he washed his face and his arms and wiped over his head, then I went to remove his leather socks, but the Messenger sallahu alaihi wasalam said, “Leave them, for I put them on while I was in the state of purity.” So he wiped over them (Bukhari, Muslim, Dawood)

ii. The khuf can either be leather or the normal socks that we wear. It has to cover the whole foot and up and including the ankle.

Some question whether normal socks can be used. Insya Allah it can be used. Alhamdulillah. Please refer to HERE.

What about socks that have holes in them? Insya Allah it is ok to be wiped over. Refer HERE for explanation.

How do you wipe it?

The top of the sock is to be wiped.

Based on a hadith narrated by Ali radiallahu anhu, that he observed, If religion was based on opinion, the bottom of socks would take preference to be wiped to the top of the socks, but I saw Prophet Muhammad sallahu alaihi wasalam wiping over the top of his socks.

So only wipe the top of the sock, once Insya Allah.

The Period of Time During Which it is Permitted to Wipe the Socks

Narrated by Ali radiallahu anhu

The Messenger of Allah sallahu alaihi wasalam had appointed three days and nights for the traveler, and one day and night for the resident. For the musafir (traveller).

a. As per the hadith above, for musafir is 3 days and 3 nights

b. For the muqim (resident)
As per the hadith above, for resident is 1 day and 1 night.

The time begins when one first wipe his khuf and it ends at the same time either 1 day later (for resident) or 3 days later (for traveler).

If he takes off his leather slippers (khufoof) or socks after wiping over them that does not invalidate his wudoo’, according to the correct scholarly view, because when a person wipes over his socks, he has completed his wudoo’ according to what is implied by the shar’i evidence. So if he takes them off, this wudoo’ is still valid according to the shar’i evidence and cannot be broken except by something for which there is shar’i evidence. There is no evidence to indicate that taking off leather slippers or socks that have been wiped invalidates wudoo’. On this basis, then, his wudoo’ remains valid. This was the view favoured by Shaykh al-Islam Ibn Taymiyah and a group of the scholars. But if he puts his socks back on after that and breaks his wudoo’, then he wants to wipe over them again, that is not allowed, because he has to put the socks on after doing wudoo’ in which he washed his feet, according to what was stated by the scholars. And Allaah knows best.

O you who believe! When you intend to offer As-Salât (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles. If you are in a state of Janâba (i.e. after a sexual discharge), purify yourself (bathe your whole body). But if you are ill or on a journey or any of you comes after answering the call of nature, or you have been in contact with women (i.e. sexual intercourse) and you find no water, then perform Tayammum with clean earth and rub therewith your faces and hands. Allâh does not want to place you in difficulty, but He wants to purify you, and to complete His Favour to you that you may be thankful (6)

Prophet sallallahu alaihi wasalam said, “Allah does not accept the prayer of anyone if he makes hadath until he makes ablution.” A man from Hadramaut asked: “What is hadath, O Abu Hurayrah?” Abu Hurayrah replied, “It is to pass wind from the anus, with or without sound.” (Bukhari and Muslim)

“When one of you feel something in his stomach, and doubts whether he has released wind, he should not leave the mosque until he hears a sound or smells something.” Muslim

Thus it is not necessary to renew wudhu’s on the suspicious of passing wind unless one is absolutely sure that he has passed wind (because of smell or sound)

2. The secretion of wadi and madhi

Wadi is a thick cloudy liquid that comes from private part for no apparent reason. This requires one to clean the private parts and renew the wudhu’.

‘Aishah said, ” Wadi comes out after urination. The person should wash the private parts and perform ablution. It is not necessary to perform ghusl. This is related by Ibn al-Munzhir.

Ibn ‘Abbas related that “mani (sperm) requires ghusl. As for mazhi (semen) and wadi they require a complete purification.” This is related by al-Athram. Al-Baihaqi has it with the wording, “Concerning mazhi (prostatic fluid) and wadi, he said, ‘Wash your sexual organs and perform the same type of ablution as you perform for prayer.”‘

Madhi is clear liquid that usually comes when one is feeling aroused. This requires one to clean the private parts and renew the wudhu’.

In a hadith narrated by Ali bin Abi Talib who said, “I used to pass madhi.” So I asked al Miqdad to ask the prophet salllahu alaihi wasalam for me. He asked him, then he replied, “One must perform ablution.” (due to its excretion)

For mani however, one needs to make ghusl. Thus it is important that one can tell the difference between each of them.

3. Deep sleep

Deep sleep that makes one completely unaware of the surroundings. This is regardless whether his buttocks are on the ground when sitting or not.

Light sleep does not nullify one’s wudhu based on this ahdith

Narrated by Anas Ibn Malik, “The companions in the lifetime of Prophet Muhammad sallahu alaihi wasalam in his lifetime, used to wait for the Isha’ prayer until their heads began to nod (in drowsiness). They would then pray without performing ablution.

Meanwhile one who were in heavy sleep, their wudhu’ is nullified and must take wudhu’ after waking up to pray.

Prophet Muhammad salallahu alaihi wasalam made an analogy of the eye as aleather strap of the anus in this hadith

Narrated Muawiyyah, Prophet Muhammad sallahu alaihi wasalam said, “The eye is the leather strap of the anus, and when the eyes sleep, the leather eyes is loosened.”

What it means, when one sleeps deeply, one cannot control the anus muscle anymore and may release fart and not realize it. With that loss of consciousness, one should renew his wudhu’.

So children, remember that if you sleep so soundly in the car, even though you are sitting,, your wudhu’ is nullified and thus you must renew your wudhu’.

4. Loss of consciousness due to drunkenness or ill

So if you are given anaesthetics and loss your conciousness because of it, you need to renew your wudhu’ to pray.

5.Touching one’s private parts without a barrier

There is a difference of opinion in this matter. because of conflicting hadith.

i. First opinion is touching private parts do not break wudhu’ at all. Among those who take this opinion is Imam hanafi

This is based on this hadith

Narrated by Talq bin Ali, “A man said I touched my penis, or the narrator said, “If a man touched his penis during prayer, does he have to perform ablution?” The Prophet Muhammad sallahu alaihiwasalam said, “No! It is just a part of you.”

ii. The rest of the scholars take the opinion that touching private part does break one’s wudhu’. This based on another hadith

According to the scholars, this hadith came later and it is said that it abrogates the previous hadith and it is also more authentic that the previous one in terms of isnad.

Ibn Taymiyyah take the middle road between the two hadith and said that touching with desire breaks one’s wudhu’ and if no desire involves, wudhu’ is not broken.

Insya Allah khayr we take Ibn Taymiyyah’s opinions in such that at times that for example we need to put medicine around our private parts or wash a child’s bottom. However if we purposely touch our private parts for no reason like itchiness, it is best that we renew our wudhu Insya Allah.

6. Eating the meat of camel

It is reported on the authority of Al baraa’ ibn ‘Aazib that he said, “Allah’s Messenger sallallahu alaihi wasalam said, “Make ablution after eating camel meat and do not make ablution after eating mutton.”

Vomiting or a Nosebleed Do Not Invalidate the Wudhu’

There is no sahih narration that wudhu’ becomes invalidate when one vomits or bleeds. Thus as the principle of fiqh, everything is permitted unless there is a clear prohibition for it.

A sahabah who is the companion of the ansar was pefroming solah at night at Ghazwah Dhi Ruqa’ and he was shot by an arrow by the enemy and was badly wounded but he continued praying (Abu dawood Purification).

It is not possible that Prophet sallalalhu alaihi wasalam did not know about this and ordered him to do solah again.

Similarly when Umar was wounded he continued his prayer although blood was flowing from his body.

Based on the evidence given, we take the opinion that saying Bismillah is mustahab. However it does not mean that we omit it from our wudhu’ ritual rather we have in our mind to rush for ajr, Insya Allah.

3. Washing the hands three times at the start of the ablution

Uthman in which he demonstrated how the Prophet salllahu alaihi wasalam used to make ablution and he washed his hands three times.

4. Beginning from the right side.

Aishah radialllahu anha said, “Allah’s Messenger sallallahu alaihi wasalam used to love starting with the right side when wearing his shoes, combing his hair, making ablution, and in all his affairs.” (Bukhari and Muslim)

It is also reported in the hadith of Uthman bin Affan in which he demonstrated the ablution of the prophet sallalalhu alahi wasalam that he began with the right side and then the left.

5. Rubbing the limbs with water.

It is reported in a hadith by Abdullah ibn Zayd that the prophet salllahu alaihi wasalam was brought a pot of two=thirds full of water with hwich he made ablution, rubbing his arms as he did so. (Ibn Khuzaymah)

6. Repeating washing three times.

Uthman radiallalhu anhu in which he said that the Prophet sallalalhu alaihi wasalam made ablution, repeating each washing three times. It is also authentically reported that he did so, performing each washing once and also twice.”

We have done this before as well. We definitely need a good nudge to remind us.

The Book of Purification (Kitab Al-Taharah) Muslim :: Book 2 : Hadith 451

‘Uqba b. ‘Amir reported: We were entrusted with the task of tending the camels. On my turn when I came back in the evening after grazing them in the pastures, I found Allah’s Messenger (may peace be upon him) stand and address the people. I heard these words of his: If any Muslim performs ablution well, then stands and prays two rak’ahs setting about them with his heart as well as his face, Paradise would be guaranteed to him.

And also this hadith that Prophet Muhammad sallahu alaihi wasalam heard Bilal’s footsteps in paradise Abu Hurairah Radiyallahu ‘anhu narrates that once Nabi Sallallahu ‘alaihi wasallam asked Bilal (Radiyallahu ‘anhu) at Fajr Salat: O Bilal! Tell me that deed of yours which is most hopeful (for reward) after embracing Islam, for I heard your footsteps in front of me in Paradise (in my dream). Bilal (Radiyallahu ‘anhu) replied:I have not done anything extroadinary except that whenever I perform Wudu during the day or night, I Salat (Tahiyatul-Wudu) after that, as much as was written or granted for me.(Bukhari)

The obligatory acts of wudhu’ are
1. Washing the face, which includes maqmadah (rinsing the mouth with water) and istinshaaq (Sniffing water up into the nose and then expelling it)

2. Washing the hands up to elbow

3. Wiping over the whole head – ears are part of the head

4. Washing the feet up to the ankles

5. Doing the actions in order

5. Doing it continuously.

Al Maidah 5: 6

O you who believe! When you intend to offer As-Salât (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles

As for the rinsing mouth with water and sniffing up water into the nose – there is khilaf on it. However Prophet sallallahu alaihi wasalam did so for every wudhu’.

Narrated Abdullah bin Zaid bin Aasim regarding the description of ablution: Allah’s Messenger sallallahu alaihi wasalam wiped his head from the forehead back (up to but not including the neck) and then back to forehead with his two wet hands.

If however, one has turban over the head, one can wipe the forelock and over the turban Insya Allah.

The report narrated by Muslim (247) from al-Mugheerah ibn Shu’bah (may Allaah be pleased with him) who said that the Prophet (peace and blessings of Allaah be upon him) wiped his forelock and his turban. They said: He (peace and blessings of Allaah be upon him) only wiped the forelock, which is at the front of the head.

Washing the ears

Washing the ears has different opinion. Some say it is obligatory. But majority of scholars say it is mustahab.

The Messenger of Allah (blessings and peace of Allah be upon him) said: “The ears are part of the head.” There is some difference of opinion as to whether this hadeeth is saheeh; it was classed as saheeh by al-Albaani in Saheeh Ibn Maajah.

Narrated by Anas ibn malik: When Allah’s Messenger sallalalhu alaihi wasalam used to make ablution, he would take a handful of water and put it under his jaw and pass it through his beard. And he said, “Thus I was commanded by My Lord, the All Mighty All Powerful.”

Perform ablution and clean between fingers and toes and sniff the water high during istinshaaq, unless you are fasting.

Performing it in Order

The act should not be mixed up. Even let’s say you miss a spot on the obligatory part of wudhu’ you have to repeat the wudhu’ all over again.

Narrated Anas : The Prophet sallallahu alaihi wasalam saw a man whose foot appeared a portion like the size of a fingernail which was not touched by water. he then said, “Go back and perform your wudhu’ properly.”

Doing it Continuously

Wudhu’ must be taken continuously without long pause. A few second pause, to change from sink to a lower tap is permissible Insya Allah.

These obligatory part of wudhu’ needs to be washed or wiped once only. However it is mustahab to do three. Twice is also good. As we want to not be deprived of reward, we will do as how Prophet sallahu alaihi salam did as much as we can, Insya Allah.